Legal Question in Personal Injury in California

Re: Personal Injury Auto Accident

Sooner or later, you will have to provide information about any physical condition that is related to the injury you claim in the most recent accident. If you do not think the injury received in the prior accident is related to your current injury, you will probably have to have that sorted out by a judge after you file your lawsuit, by requesting a protective order in response to the defendant's discovery demands.

In the meantime, I doubt that the insurance co. will negotiate a settlement without this prior medical information, especially now that the insurance adjuster has developed an interest in it.

You need to make sure you do not let the statute of limitations expire, without filing suit in court, while you are trying to work out just what information the insurance co. says it needs. In California the statute of limitations for a personal injury suit is two (2) years from the date of injury, and it is not extended just because you are in communication with or negotiating with the defendant's insurance co. The insurance co. knows this, and some will take advantage of a claimant's ignorance on this issue, so don't be sucked in.

Another responder indicated that you might want to file suit in Small Claims Court. That is fine, if your claim is not valued at more than $7,500. If you believe your claim is worth more than that, you must file in Superior Court.

Re: Personal Injury Auto Accident

Hello. It is in your best interest to provide documentation because once you put a certain matter at issue in a case, such as your health condition, earning capacity, wage loss, the opposing party is entitled to know all about it, including the background information. If you don't, this will only delay your ability to recover damages. So... unless you have some privileged information, such as HIV, etc... to prevent from disclosure, you should cooperate.

Thanks, and feel free to follow up.

Arkady Itkin

California Injury Lawyer

San Francisco/San Jose/Sacramento

http://sanfranciscoaccidentinjurylawyer.com

Re: Personal Injury Auto Accident

First, is your claim for injury or just property damage? What's the relavance of the prior ins. co?

Similar facts, injuries? How long ago was this prior claim? If you want, you could give them another release for 90 or 120 days if it will help move things along. If you don't and they won't settle, you'd have to sue the other driver in small claims court.